HOUSTON - Charges were dropped Tuesday against the second person who was arrested in connection with the stabbing death of 11-year-old Josue Flores.
Andre Jackson, 27, was released Wednesday from the Harris County Jail around 1 a.m..
Prosecutors said DNA evidence made it impossible to prove beyond a reasonable doubt that Jackson, who was charged with murder in connection with the May 17, 2016, stabbing, is responsible for the crime. However, they said Jackson is still a suspect in the case.
Jackson, a former Marine, has been in jail since he was arrested in June of last year at the Salvation Army on North Main, where he had been staying since April.
Jackson had admitted to being in the area around the time of Josue Flores' death.
Investigators said Jackson was seen in five different surveillance videos wearing a unique jacket. Jackson was also seen running on Fulton Street when Flores was killed. He admitted to being the man in the video but never admitted to the stabbing, according to officials.
Jackson's lawyer, Jerome Godinich Jr., said the DNA tests worked in his client's favor.
"I was not surprised," said Godinich Jr. "Since November of last year, we were convinced that Mr. Jackson could not have committed this offense. We've spent a great deal of time going over the evidence, going out to the scene, driving it, walking it, going over everything the district attorney's office provided to us. We had voiced our concerned to the DA's office last year."
Jackson, though, is still considered a suspect in the case. Officials said they just do not have the evidence to prove, beyond a reasonable doubt, that he had committed the crime and did not want to risk double jeopardy.
Godinich said most of Jackson's family is from out of town and they are happy to have him be released from jail.
Houston police will continue to pursue this case and bring justice to 11-year-old Josue Flores, who was stabbed walking home from school.
Anyone with information in this case is urged to contact the HPD Homicide Division at 713-308-3600 or Crime Stoppers at 713-222-TIPS (8477).
Copyright 2017 by KPRC Click2Houston - All rights reserved.